A SENATOR CANNOT VOTE FOR HIMSELF.

SPEECH IN THE SENATE, ON THE VOTE OF HON. JOHN P. STOCKTON AFFIRMING

HIS SEAT IN THE SENATE, MARCH 26, 1866.

March 26th, immediately after the reading of the Senate

journal, Mr. Sumner rose to what he called a question of

privilege, and moved “that the journal of Friday, March 23,

1866, be amended by striking out the vote of Mr. Stockton

on the question of his right to a seat in the Senate.” The

circumstances of this vote appear at the close of the last

article. On his motion Mr. Sumner said:--

There are two ways, I believe, if there are not three, but there are

certainly two ways of meeting the question presented by the vote of

Mr. Stockton. I use his name directly, because it will be plainer and

I shall be more easily understood. I say there are two ways in which

the case may be met. One is, by motion to disallow the vote; the other,

by motion, such as I have made, to amend the journal. Perhaps a third

way, though not so satisfactory to my mind, would be by motion to

reconsider; but I am not in a condition to make this motion, as I did

not vote with the apparent majority. I call your attention, however,

at the outset, to two ways,--one by disallowing the vote, and the

other by amending the journal. But behind both, or all three, arises

the simple question, Had Mr. Stockton a right to vote? To this it is

replied, that his name was on the roll of the Senate, and accordingly

was called by our Secretary; to which I answer,--and to my mind the

answer is complete,--The rule of the Senate must be construed always in

subordination to the principles of Natural Law and Parliamentary Law,

and therefore you are brought again to the question with which I began,

Had Mr. Stockton a right to vote?

Had he a right to vote, first, according to the principles of Natural

Law, or, in other words, the principles of Universal Law? I take it

there is no lawyer, there is no man even of the most moderate reading,

who is not familiar with the principle of jurisprudence, recognized in

all countries and in all ages, that no man can be a judge in his own

case. That principle has been reduced to form among the maxims of our

Common Law,--_Nemo debet esse judex in propria sua causa_. As such it

has been handed down from the earliest days of the mother country. It

was brought here by our fathers, and has been cherished sacredly by us

as a cardinal rule in every court of justice. No judge, no tribunal,

high or low, can undertake to set aside this rule. I have in my hand

the most recent work on the Maxims of Law, where, after quoting this

rule, the learned writer says:--

“It is a fundamental rule in the administration of justice,

that a person cannot be judge in a cause wherein he is

interested.”[7]

Charles Sumner: his complete works, volume 14 (of 20) · 第 8 / 125 题